[Federal Register Volume 69, Number 218 (Friday, November 12, 2004)]
[Notices]
[Pages 65412-65413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25211]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 110104B]


Magnuson-Stevens Act Provisions; Atlantic Highly Migratory 
Species; Exempted Fishing, Scientific Research, Display, and Chartering 
Permits

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Issuance of 2005 Exempted Fishing, Scientific Research, 
Display, and Chartering Permits; request for comments.

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SUMMARY: NMFS announces the intent to issue Exempted Fishing Permits 
(EFPs), Scientific Research Permits (SRPs), Display, and Chartering 
Permits for the collection of Atlantic highly migratory species (HMS). 
The Permits would authorize collections of a limited number of tunas, 
swordfish, billfishes, and sharks from Federal waters in the Atlantic 
Ocean and Gulf of Mexico for the purposes of scientific data collection 
and public display. Generally, these permits will be valid through 
December 31, 2005. NMFS also announces the intent to consider issuing 
permits upon receiving applications from U.S. fishermen whose vessels 
fish for Atlantic HMS while operating under chartering arrangements 
within the Exclusive Economic Zone (EEZ) of other nations to collect 
data consistent with the International Commission for the Conservation 
of Atlantic Tunas (ICCAT) recommendations and to ensure consistency 
with another country's regulations without violating U.S. regulations.

DATES: Written comments on these collection, research and fishing 
activities will be considered by NMFS in issuing such EFPs/SRPs/
Display/Chartering Permits if received on or before December 13, 2004.

ADDRESSES: You may submit comments by any of the following methods:
     Email: [email protected]. Include in the subject line the 
following identifier: I.D.110104B.
     Mail: Christopher Rogers, Chief, Highly Migratory Species 
Management Division (F/SF1), NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910.
     Fax: (301)713-1917.

FOR FURTHER INFORMATION CONTACT: Heather Stirratt or Sari Kiraly, by 
phone: 301-713-2347 or fax: 301-713-1917.

SUPPLEMENTARY INFORMATION: EFPs, SRPs, Display, and Chartering Permits 
are requested and issued under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and/or 
the Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.). Regulations 
at 50 CFR 600.745 and 50 CFR 635.32 govern scientific research 
activity, exempted fishing, chartering arrangements, and exempted 
educational activity with respect to Atlantic HMS.
    Issuance of EFPs, SRPs, Display, and Chartering Permits may be 
necessary for the collection of scientific data and for public display 
because the possession of certain shark species is prohibited, 
possession of billfishes on board commercial fishing vessels is 
prohibited, and because the commercial fisheries for bluefin tuna, 
swordfish, and large coastal sharks may be closed for extended periods, 
during which time the collection of live animals and/or biological 
samples would otherwise be prohibited. In addition, NMFS regulations at 
50 CFR 635.32 regarding the implantation or attachment of archival tags 
in Atlantic HMS require prior authorization and a report on 
implantation activities.
    NMFS seeks public comment on its intention to issue EFPs for the 
purpose of collecting biological samples under at-sea fisheries 
observer programs. NMFS intends to issue EFPs to any NMFS employee or 
NMFS-approved contractor/observer to bring onboard and possess (for 
scientific research purposes, biological sampling, measurement, etc.) 
any Atlantic swordfish, Atlantic shark, or Atlantic billfish, provided 
the fish is a recaptured tagged fish, dead prior to being brought 
onboard, or specifically authorized for sampling by the Director of 
NMFS' Office of Sustainable Fisheries at the request of the Southeast 
Fisheries Science Center or the Northeast Fisheries Science Center. On 
average, several hundred swordfish and sharks are collected by at-sea 
observers under such EFPs in any given year.
    Collection of bluefin tuna may be authorized for scientific 
research, age and growth, genetic, and spawning studies. In 2003, a 
total of eleven permits, which authorized collection of 485 bluefin 
tuna for the purposes of archival tagging and research were issued.
    NMFS is also seeking public comment on its intention to issue 
Display Permits for the collection of restricted species of sharks for 
the purpose of public display. In the Final Fishery Management Plan for 
Atlantic Tunas, Swordfish and Sharks (HMS FMP), NMFS established a 
public display and research quota of 60 metric tons wet weight for this 
purpose. NMFS has preliminarily determined that, based on average 
weight of sharks landed, approximately 3,000 sharks could be taken with 
this current quota. The actual number of sharks that would be taken 
depends on the species and size of the sharks. NMFS believes that 
harvesting this amount for public display will have a minimal impact on 
the stock. In 2004, nine Display Permits, which authorized the 
collection of 373 large coastal, 133 small coastal, 96 prohibited 
sharks for display purposes were issued. The total number reported as 
actually taken will not be known until early 2005. However, of the 433 
large coastal, 144 small coastal, and 102 prohibited sharks authorized 
for collection in nine Display Permits issued during 2003, only one 
small coastal shark was reported taken from Federal waters.
    Generally, the authorized collections or exemptions would involve 
activities otherwise prohibited by regulations implementing the HMS FMP 
and Amendment 1 to the Atlantic Billfish Fishery Management Plan. The 
EFPs, if issued, may authorize recipients to fish for and possess 
tunas, billfishes, swordfish, and sharks outside the applicable Federal 
commercial seasons, size limits and/or retention limits, or to fish for 
and possess prohibited species.
    NMFS has undertaken a restructuring of the exempted fishing 
application and reporting procedures for Atlantic HMS. To that effect, 
on November 10, 2003, NMFS published a final rule (68 FR 63738), 
effective on December 10, 2003, that modified the existing regulations 
with the intent of improving monitoring of these fishing activities, 
particularly those conducted to collect sharks for public display and 
those undertaken for scientific research.
    Specifically, the final rule contains the following provisions: (1) 
EFP holders must notify the local NMFS Office for Law Enforcement at 
least 24 hours prior to departure for all fishing trips conducted to 
collect HMS for the purpose of public display; (2) all live HMS 
retained for the purpose of public display must be tagged while still 
on board the fishing vessel with either a conventional dart tag or a 
microchip Passive Integrated Transponder (PIT) tag, both of which will 
be supplied by NMFS; (3) if warranted, NMFS may specify conditions for 
conducting fishing activities to collect HMS for public display in 
order to minimize mortalities of either targeted or bycatch species; 
(4) NMFS reserves the right to place an at-sea observer on board an 
authorized HMS collection vessel; (5) EFP and SRP holders must report 
all HMS collection activities regardless of

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whether they occur inside or outside the EEZ; (6) negative reports must 
be submitted for months when no HMS are collected; (7) applicants for 
EFP and SRP renewals must include with the application the previous 
year's year-end report and any delinquent reports for permits issued in 
prior years to obtain the new permit; and (8) prohibitions concerning 
the submission of false information and violations of the terms and 
conditions of EFPs and SRPs. Although unrelated to these provisions, 
the rule also addresses EFPs for the pelagic longline directed 
swordfish fishery, in that EFPs would no longer be required for vessels 
to delay offloading of swordfish when an approved vessel monitoring 
system (VMS) is operating on board the vessel.
    In December 2003, NMFS published the Final Rule (68 FR 74747) 
implementing the Final Amendment 1 to the Fishery Management Plan for 
Atlantic Tunas, Swordfish and Sharks. While the rule focuses primarily 
on shark management measures, the issuance of EFPs and SRPs is also 
addressed where a separate display permitting system for HMS is to be 
developed apart from EFPs and SRPs issued for other purposes. This is 
an administrative change only, and current quotas as well as 
application and reporting requirements remain as established under the 
existing system.
    Comments are also requested for the issuance of Chartering Permits 
to vessels fishing for HMS while operating under chartering 
arrangements within the EEZ of other nations. In November 2004, NMFS 
published the Final Rule requiring prior notification and approval from 
NMFS, via issuance of a Chartering Permit, before a vessel begins to 
fish under a chartering arrangement. These Chartering Permits would 
allow a U.S. fishing vessel to fish in a manner consistent with another 
country's regulations without violating U.S. regulations, and would 
ensure that such vessels report to the proper authorities, consistent 
with ICCAT recommendations. To date, NMFS has only received 
applications from and issued one of these Chartering Permits, which 
includes one pelagic longline vessel in a fleet of many thousands.
    Final decisions on the issuance of any EFPs/SRPs/Display/Chartering 
Permits will depend on the submission of all required information about 
the proposed activities, NMFS' review of public comments received on 
this notice, consistency with conclusions in the Final Environmental 
Impact Statement (EIS) contained in the Final HMS FMP (64 FR 13575; 
March 19, 1999), Environmental Assessments (EAs) or EISs, and any 
consultations with appropriate Regional Fishery Management Councils, 
states, or Federal agencies. NMFS does not anticipate any environmental 
impacts from the issuance of these EFPs other than impacts already 
assessed in the Final HMS FMP.
    All requests for EFPs/SRPs/Display/Chartering Permits of a type or 
nature not addressed in this Federal Register Notice will have a 
separate Notice filed and separate public comment period.

    Authority: 16 U.S.C. 971 et seq. and 16 U.S.C. 1801 et seq.

    Dated: November 5, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-25211 Filed 11-10-04; 8:45 am]
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